[2025] EWHC 1064 (Fam)

Fecha: 08-May-2025

Conclusions

CONCLUSION

54.

For the reasons set out above, and the mother’s application for permission to appeal having been refused, I reiterate that the ‘lives with’ order made by Francis J remains in place, providing for Adam to live with his father, as does the order made by Francis J, permitting the father to remove Adam permanently from the jurisdiction of England and Wales to the jurisdiction of the Netherlands. Likewise, the order made by Francis J pursuant to s.91(14) remains in force until 1800hrs on 9 July 2029. I decline to vary the non-molestation order granted in November 2024, and I will extend that order until 1800hrs on 9 July 2029.

55.

In addition, I dismiss the mother’s application for permission to issue an application for a child arrangements order. On the father’s application to restrict the exercise of the mother’s parental responsibility, I shall make the following prohibited steps orders and specific issue order:

The mother is prohibited from exercising her parental responsibility to seek or obtain, whether by herself or through the agency of another, information as to, or capable of indicating, the whereabouts of Adam or the father or anybody to whom the father has entrusted Adam’s care without the consent of the court.

ii)

The mother is prohibited from exercising her parental responsibility for Adam to seek or obtain, whether by herself or through the agency of another, information on Adam’s education without the consent of the court.

iii)

The mother is prohibited from exercising her parental responsibility for Adam to seek or obtain, whether by herself or through the agency of another, information on Adam’s routine or other medical treatment without the consent of the court.

iv)

The mother is prohibited from exercising her parental responsibility for Adam to seek or obtain, whether by herself or through the agency of another, information concerning Adam from professionals or organisations engaged with Adam without the consent of the court.

The mother is prohibited from exercising her parental responsibility for Adam to remove or attempt to remove him from the care of the father or from the care of any third party to whom the father has entrusted Adam’s care, including the school or educational establishment attended by Adam without the consent of the court.

vi)

Until Adam reaches the age of majority, or further order of the court, the father is not required to consult the mother before he exercises his parental responsibility for Adam.

56.

I will make a child arrangements order in favour of the mother providing for the father to facilitate indirect contact between Adam and his mother, initially by way of messages on a family communication platform for a period of six weeks, to be followed by video contact once per week for 10 minutes for a further 12 weeks. In addition, the order will provide that the father shall provide to the mother periodically appropriately anonymised general updates on Adam’s educational and social progress and to notify the mother in the event that Adam suffers a serious illness or accident.

57.

Finally, I will direct that the mother’s passport is returned to her and that Adam’s passport shall be held by the father. The passport order and port alert currently in place will be discharged but, as I have noted, Adam’s name will retain its marker on the Police National Computer such that the police will be alerted should Adam be presented at the border in the company of any one other than the father.

58.

The father applies for his costs, including a pro bono costs order. I intend to deal with the question of costs on paper in light of the decisions set out above. The parties should provide for written submissions as to costs in the order.

59.

I will invite counsel to draw the order accordingly.